PUTHUPARAMPIL VASU VIJAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The writ petition is filed to direct the respondents 1 and 2 to implement Exts.P6 and P8 orders expeditiously.

(2.) The petitioners are the owners in possession of two independent properties comprised in one compact plot in Survey No.186/1 of Kalkoonthal Village, Udumbanchola Taluk. The property is situated within the jurisdiction of the 2 nd respondent Panchayat. The respondents 3 and 4 own and posses a block of land on the western side of the petitioners' property, and they are running a workshop and a cardamon drying facility in an unauthorisedly constructed building. The structure has been illegally constructed on the common wall of the parties. On seeing the unauthorised construction, the petitioners submitted Ext.P1 complaint before the 2nd respondent. Consequently, the 2nd respondent issued Ext.P2 show cause notice to the 3rd respondent, asking him why action shall not be taken in the matter. The 3rd respondent submitted Ext.P3 reply. By Ext.P6 letter, the 2nd respondent directed the 3rd respondent to demolish the unauthorised construction. Subsequently, the 3rd respondent again submitted Ext.P7 reply to Ext.P6 letter, but the 2nd respondent passed Ex.P8 final order, ordering the demolition of the illegal construction. Even though Exts.P6 and P8 orders were passed on 9/7/2024 and 27/7/2024 respectively, and the same have attained finality, the respondents 1 and 2 have not implemented the orders. The inaction on the part of the respondents 1 and 2 is illegal and arbitrary. Hence, the writ petition.

(3.) The 2nd respondent has filed a counter affidavit, inter alia, stating that, the respondents 3 and 4 have not complied with Exts.P6 and P8 orders. The 2 nd respondent would be enforcing the said orders after 31/12/2024, if the respondents 3 and 4 fail to adhere to their undertaking. In Ext.P7 reply, the 3 rd respondent has categorically admitted that the tenancy of the workshop would expire on 31/12/2024 and, thereafter, the structure would be demolished. Hence, the 2 nd respondent would enforce Exts.P6 and P8 orders after 31/12/2024.